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HomeMy WebLinkAbout5C - City Council Bylaws 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ALTERNATIVES: RECOMMENDED MOTION: CITY COUNCIL AGENDA REPORT CONSIDER APPROVAL OF A RESOLUTION MODIFYING THE CITY COUNCIL BYLAWS Introduction The purpose of this agenda item is to request approval of City Council bylaws revisions reformatting Council meetings to provide better customer service. Historv At the April 3, 2006, meeting, the City Council discussed proposals that the Mayor and I suggested for providing better and more friendly customer service. The recommendations and summary of Council comments were as follows: · Beain City Council meetinas at 6 D.m. There appeared to be unanimous support for this proposal. · Conduct an abbreviated workshoD before each meetina commencina at 5 D.m. There appeared to be support for this proposal as well. . Fold town meetinas into the Council meetina. There was mixed reaction to this proposal. It seemed to be acceptable for smaller town meetings, but for large issues or time-consuming matters, the sentiment seemed to be to conduct them outside of the Council meeting. . Meetina endina time. A suggestion was made by some members of the Council to provide a limit of 11 p.m., after which no new agenda item could be considered. A question was raised regarding agenda items for which people were waiting that are not addressed by 11 p.m. At the April 17, 2006, meeting, the Council once again reviewed these concepts and draft bylaws provisions, which would effectuate each. Current Circumstances This item is placed on tonight's agenda for adoption of the bylaws revisions. The revised meeting format would become effective at the May 15, 2006, meeting. Conclusion The Council should consider whether it wishes to approve the bylaws revisions, which would be effective for the May 15, 2006, meeting. 1. Adopt the bylaws revisions as part of the consent agenda. 2. Take no action. Alternative # 1. www.cityofpriorlake.com ',",G~,R~)"T S\2C06\(]50, (]6~ 91~~i4g.1.~200D1-'CFax 952.447.4245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 06-xx A RESOLUTION AMENDING THE BYLAWS FOR THE PRIOR LAKE CITY COUNCIL WITH RESPECT TO MEETING FORMAT Motion By: Second By: WHEREAS, On April 3, 2006, and April 17, 2006, the City Council considered amendments to its bylaws intended to enhance customer service; and WHEREAS, The City Council has been present with recommendations for revision of the bylaws at the May 1, 2006, meeting. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. That the proposed revisions in the bylaws identified and referenced in the May 1, 2006, staff report are hereby approved including modifications to the bylaws highlighted in legislative format to Sections 202,207,401.3 and 402.3 and 404, attached hereto and incorporated herein as if fully set forth. 3. The modifications in the City Council meeting format shall be effective May 15, 2006. PASSED AND ADOPTED THIS 1st DAY OF MAY, 2006. YES NO Hauaen Hauaen Dornbush Dornbush Erickson Erickson LeMair LeMair Millar Millar Frank Boyles, City Manager i :\COUNC: L\RESO LUTI\.ADMINRES\2006\O'3-'xx Amen~!'i<eiNRf~rtCl5~e.com Phone 952.447.4230 / Fax 952.447.4245 CITY OF PRIOR LAKE, MINNESOTA MAYOR AND CITY COUNCIL BYLAWS Adopted on May 27, 1986 Revised: January 1991 January 1993 May 1993 January 1994 January 1995 January 1996 January 1997 May 1997 January 1998 March 1998 January 1999 April 2000 October 2002 March 2006 May 2006 FRANK BOYLES CITY MANAGER 1 SECTION 100: PURPOSE 101: Purpose of the Prior Lake City Council Bylaws is to provide the members of the City Council with a set of operating procedures designed to guide them during the Council meetings, and to establish a code of ethics and conduct. 102: The Bylaws shall be considered and adopted at the Annual Meeting of the Prior Lake City Council. The Annual Meeting is the first regular meeting in January. Bylaws can be reviewed and amended at any meeting other than the Annual Meeting. Any changes or amendments to the Bylaws shall follow this procedure: 102.1 A motion to amend a specific section, subsection, paragraph, sentence, or line is proposed. 102.2 A second to the motion is required. 102.3 Discussion on the Bylaws amendment occurs. 102.4 The vote is taken. A simple majority is required to pass the Bylaws at the annual meeting. A super majority is required at any meeting other than the annual meeting. SECTION 200: REGULAR, SPECIAL AND EMERGENCY MEETINGS, AND WORK SESSIONS 201: Except as otherwise provided in the Minnesota Open Meeting Law, M.S.A., Section 471.705, all meetings of the City Council, including regular, special, emergency, work sessions, and adjourned meetings shall be open to the public. 202: REGULAR MEETINGS: The Prior Lake City Council regular meeting shall be held on the first and third Mondays of each month commencing at 1- Q:OO p.m. All regular meetings shall be held in the designated City Council Chambers. A Public Forum will be incorporated into the regular meeting agenda following the adoption of the agenda. The Public Forum will last no later than 30 minutes. The purpose of the Forum is to afford the public an opportunity to address concerns to the Council. Items to be considered on the agenda cannot be addressed at the Public Forum. Forum items are also restricted to City governmental topics rather than as a mechanism for private agendas. Public Forums are included as part of the regular meeting minutes and cablecast live. When a regular meeting is projected to fall on an official holiday, the City Council shall reschedule the meeting for the following business day. The City Council may consult with the City Manager to determine the amount of business pending and decide by majority vote to reschedule or cancel a meeting. The City Manager shall post notice and publish in the paper the decision of the City Council to reschedule or cancel the meeting pursuant to the Open Meeting Law. A City Council member shall inform the City Manager when an absence is planned or pending prior to the meeting. The City Manager shall inform the members of the City Council at the meeting that the member cannot be in attendance at the meeting. 203: SPECIAL MEETINGS: Special Meetings may be called by any two (2) members of the City Council. Written notice shall be given to each member of the City Council of the time, place and purpose of the meeting. The notice shall be delivered to the member or a responsible person at the member's residence at least three days in advance of the meeting. (See City Code Section 105.200) Notice shall be posted at City Hall and provided to any member of the public or news media who have requested notification in writing. 3 204: The agenda for a regular meeting will be prepared by the City Manager and shall be available the Wednesday before the following Monday meeting, except in the event of a holiday during agenda preparation week in which case the agenda will be available on Thursday. The agenda shall include the items set forth in Section 400 - Meeting Agenda Format and Consent Agenda. Copies of the agenda, supporting documentation and minutes from the previous meeting shall be made available to the public: 203.1 Once the materials have been delivered to the Councilmembers. 203.2 A copy of the agenda materials will be available in the Council Chambers for public inspection at the time of the meeting. 203.3 Agenda materials will also be available online through the City's website on the Thursday preceding the City Council regular meeting. 205: EMERGENCY MEETINGS: The Mayor or City Manager may call an emergency meeting. Notice of the emergency meeting shall be given by either telephone, fax or written notice to members of the City Council. Notice shall be provided to each news medium and individual that has filed a written request for notice. Posted or published notice of an emergency meeting shall not be required. An "emergency" meeting is a special meeting called because of circumstances that require immediate consideration by the City Council. 206: WORK SESSIONS: The City Manager may schedule work sessions subject to Council approval. The purpose of the work session is to afford the City Council, City Manager and City staff the opportunity to discuss policy matters in a more informal environment. Public input will not be allowed unless specifically scheduled in the agenda. The work session may be canceled at the discretion of the City Manager. 207: CITY COUNCIL FORUM: A City Council "Forum" shall be scheduled at +- 2 p.m. as part of each City Council meeting. The Forum shall not exceed thirty (30) minutes. No individual presentation shall exceed ten (10) minutes. If more than three (3) persons desire to speak, the time allotted for each presentation shall be reduced equally to stay within the time limit. To be recognized, individuals who desire to participate in the Forum shall use the sign-up sheet provided outside the City Council Chambers. The sign-up sheet shall be available at 5.;.3Q p.m. The Forum is provided as an opportunity for residents, business owners and property owners of Prior Lake to address the City Council on any subject that is of community interest, provides information required by the Council to complete its duties, or is provided by agencies representing citizens of Prior Lake. 207.1 Every individual who addresses the Council at the Forum must first be recognized by the presiding officer and then shall state his/her name and address before beginning any comments. The city manager shall be the timekeeper for the Forum so that each speaker receives an appropriate amount of time. 207.2 No Council action may take place during the Forum. However, Councilmembers may express their views or reaction to a presentation and may ask questions of the presenter. 207.3 At the conclusion of the Forum, the Council may, by motion and majority vote, indicate its interest that the subject matter of a Forum presentation be placed on a subsequent City Council agenda. 207.4 Items to be considered on the agenda may not be addressed at the Public Forum. Forum items are also restricted to City governmental topics rather than as a platform for private agendas. 4 401.4 Approval of Minutes 401.5 Consent Agenda · With the adoption of these Bylaws, a Consent Agenda is created. The purpose of the "Consent Agenda" is to group items of a routine and non-controversial nature for consideration under one motion. There will be no separate discussion of items placed on the "Consent Agenda". If discussion of an item on the "Consent Agenda" is desired, any member of the Council can request that item must be removed from the Consent Agenda and considered separately. · The City Manager shall determine what items may be considered routine and non- controversial; and therefore appropriate for inclusion as a Consent Agenda item. To provide the City Manager with guidance, the following types of items tend to be routine and non-controversial: grant deeds, grants of easements, adoption of ordinances and resolutions previously considered by the city council, investment report, quarterly budget report, treasurer's report, animal control report, building inspection report, non-controversial license requests, standard development contracts, calls for bid, reports of administrative actions and proposals, leases and agreements previously approved in principle, reports for filing or setting dates for public hearings, approval of payment of contracts, approval or denial of claims, award of bids, or any other item the City Manager considers routine and non- controversial. · The City Council Agenda sheet shall include the following statement: 'Those items on the Council Agenda which are considered routine and non- controversial are included as part of the Consent Agenda. Items may be removed from the Consent Agenda at the request of any Councilmember or the City Manager. 401.2 Removed Consent Agenda Items 401.3 Presentations . The City Manager may schedule presentations before the City Council giving preference to presenters and topics that relate to City governmental business., Presentations are not action items. 401.4 Public Hearings I Town Meetinas 401.5 Old Business 401.6 New Business. 401.7 Other Business - Including Community Events and Councilmember Reports . Members of the City Council and staff may present items under Other Business that will be discussed and deliberated for the first time. These items should, for the most part, be informational. The City Council has the authority to request action or take a formal position on the item(s); however, this shall be done on an item-by- item basis. 401.8 Adjournment 402: CITY MANAGER TO DETERMINE AGENDA: It shall be the responsibility of the City Manager to prepare and decide the City Council agenda. The City Manager shall be responsible for overseeing and reviewing the preparation of all agenda items. 402.1 If a member of the public requests to appear before the City Council or requests an item to be placed on the Council agenda, the City Manager shall determine whether the item should appropriately be considered by the City Council at a regular meeting. 6 402.2 If the City Manager determines that an item should not be placed on a City Council agenda, the City Manager may recommend that the individual appear at a City Council Forum. 402.3 The City Manager shall maintain a list of items scheduled to appear on meeting agendas. The City Manager shall endeavor to manage the anticipated length of Council meetings in order to assure each matter receives full and fair consideration, and that the meetina can be concluded by 11 p.m. 402.4 The City Council maintains final authority to approve, disapprove or modify the agenda. 403: The presiding officer may call a recess at any time during the meeting. Except for recesses for executive sessions, the presiding officer shall announce the length of the recess. The purpose of the recess is to provide the City Council, City staff and the public attending the meeting with a short rest period from the Council business. 404: Unless waived by motion, second and maiority vote. no aaenda item shall be initiated after 11 p.m. If a motion to extend the meetina is tendered. it shall include the time the meetina is to be adiourned. A meetina. once extended. must be adiourned at the time specified in the approved motion to extend. SECTION 500: QUORUM AND VOTING PROCEDURES 501: At each meeting, a majority of all the members elected (3 out of 5) shall constitute a quorum for the transaction of business. 502: The voting options available to the City Council when a vote has been initiated are: aye - an affirmative vote; nay - a negative vote. A Councilmember may abstain only when they have a disqualifying conflict of interest. 503: Except as authorized in Minn. Stat. 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. Minn. Stat. Section 471.87 504: A public official or local official elected to or appointed by a metropolitan governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests or those of an associated business, unless the effect on the official is no greater than on other members of the official's business classification, profession or occupation, must take the following actions: 504.1 advise the City Attorney of the potential conflict of interest as soon as possible, preferably before the meeting; and 504.2 The City Attorney shall determine whether a disqualifying conflict of interest exists. 504.3 Any Councilmember shall orally inform the City Council of the potential conflict and abstain from any participation in that agenda item. 505: The purpose behind the creation of a rule, which would disqualify public officials from participating in proceedings in a decision-making capacity when they have a direct conflict of interest in its outcome, is to insure that their decision will not be an arbitrary reflection of their 7